Competition Issues October 2009

Failing Firm Guidelines
Infonews.co.nz, October 30, 2009

The Commerce Commission of New Zealand released guidelines on how applications for mergers and acquisitions involving the ‘failing firm’ argument will be treated. The guidelines are designed to assist businesses and their legal representatives.  <<More>>

Appeals Enforces Subpoenas
Federal Trade Commission, October 27, 2009

The Federal Trade Commission (FTC) announced two subpoena enforcement actions challenging tactics that delay agency investigations. First, the US Circuit Court for the District of Columbia affirmed a district court decision enforcing three subpoenas to videotape testimony as part of the FTC’s investigation of generic Androgel competition. <<More>>

An Unfairly Long Wait
The Star Online, October 24, 2009

Malayisa does not have a comprehensive competition law, although there has been lobbying for precisely this since the early 1990s. From as far back as 1996, ministers overseeing domestic trade have talked about Malaysia having a specific statute on fair trade practices.  <<More>>

Special Treatment
Webber Wentzel Newsletter, October 23, 2009

Allens Meshco, one of the biggest manufacturers of steel wire and wire products in South Africa is requesting exemption from the Competition Act. But the company has already been accused of contravening the act. Allens Meshco is asking for a two-year exemption from the provision of the act. <<More>>

DG Comp begins Desk Clearing
Howrey LLP, October 23, 2009

With at least two prominent and long-standing antitrust cases looking likely to be closed without penalties before the end of the year, sources are speculating that the European Commission is trying to tie up loose ends before Commissioner Neelie Kroes leaves office. <<More>>

Annulling Competition Law Rulings
International Law Office, October 22, 2009

On June 22, 2009 the Brussels Court of Appeal ruled that it is competent to review an arbitral decision if the decision threatens public order. Therefore, it could decide whether the arbitration panel's decision in the case before it was contrary to Articles 81 and 82 of the EC Treaty. <<More>>

Amendments to Combat Cartels
International Law Office, October 22, 2009

Necessary changes have been made to competition law in Cyprus in order to combat cartels. Recent legislative amendments reflect the changes that have been made to EU competition law. <<More>>

New Guidelines on Vertical Agreements
International Law Office, October 22, 2009

New guidelines have been introduced to explain and clarify the Turkish vertical agreements regime following the authority's enactment of Communiqué 2007/2, which came into force on July 01, 2007.   <<More>>

Removing Antitrust Exemption
United States House of Representatives, October 21, 2009

The House Judiciary Committee in US has voted to repeal the insurance industry’s exemption from antitrust legislation. It applauded the vote, which passed the Health Insurance Industry Antitrust Enforcement Act of 2009 with a bipartisan majority of 20-9.  <<More>>

Inputs are Welcome!
Netherlands Competition Authority, October 19, 2009

The Netherlands Competition Authority (NMa) has contacted some 200 undertakings, trade organisations, and other interested parties, including politicians, scholars and professionals, inviting them to provide input for its Agenda 2010-2011. <<More>>

Anaylsis for Advertising and Pricing
Office of Fair Trading, October 15, 2009

The Office of Fair Trading (OFT), UK has launched two separate market studies into advertising and pricing. Following consultation on its plan to study advertising and pricing practices, the OFT has decided to split the work into separate, tightly-defined studies focused on two distinct issues.  <<More>>

Report on Leniency Convergence
Europa Press Releases, October 15, 2009

Three years after the endorsement of the European Commission Network (ECN) Model Leniency Programme, the report finds that most Member States have already revised their existing programmes or adopted new ones to align with the Model Programme.  <<More>>

Landmark Fine
ACRnews, October 13, 2009

Embraco has agreed to pay US$56.5mn to settle its compressor cartel allegations in Brazil. Embraco's settlement with the Brazilian Justice Ministry's anti-trust division (CADE) means it will pay the fee (100m Brazilian reals) over the next five and a half years. <<More>>

Laws Against Monopolies Weighed
The Wall Street Journal, October 13, 2009

German Chancellor Angela Merkel's incoming center-right coalition is considering tougher antitrust rules that would allow the state, in extreme cases, to break up companies that hinder competition.  <<More>>

Ironing Out M&A Issues
The Hindu Business Line, October 13, 2009

It has been over six years since the Competition Act 2002 came into force. But certain key provisions of the amended Competition Act, meant to give full power to the anti-monopoly watchdog, Competition Commission of India (CCI), are yet to be notified.  <<More>>

Brussels Stalls Draft Directive
The Lawyer, October 12, 2009

The European Commission (EC) has withdrawn a new directive on competition law that would have paved the way for a flood of US-style class actions in the UK. The changes have caused controversy since they were first mooted several years ago, but the Commission’s U-turn was nonetheless unexpected. <<More>>

New Developments in Swiss Patent Law
Mondaaq.com, October 12, 2009

Swiss patent law has recently been subject to significant changes. On July 01, 2009, the principle of regional exhaustion for patent-protected products was introduced in relation to the member States of the European Economic Area. Expected by early 2011, the Federal Patent Court will begin operations. <<More>>

Newspaper Distribution Reforms Proposed
AGCM.it, October 10, 2009

The Italian Competition Authority, AGCM, has announced the findings of its review of the editorial publication market. The ACGM found that the distribution of such publications is fettered by a number of unjustifiable restrictions that distort competition in the market, and that distribution needs to be modernised. <<More>>

Double Criminality
International Law Office, October 09, 2009

The US Department of Justice recently indicted Jan Lillieborg, a former SAS Cargo vice president, for his conduct in the air cargo cartel. The former SAS executive is being sought by Interpol on the basis of a red notice. <<More>>

Review of Commission’s Decision
HIS Global Insight, October 09, 2009

The European Court of Justice (ECJ) has ordered the European Commission to conduct a thorough review on GlaxoSmithKline PLC (GSK's) general sales condition, which could potentially enable the company to engage in dual pricing in the Spanish market, in an effort to limit parallel trade. <<More>>

Call for Greater Convergence
US Department of Justice, October 08, 2009

With the development of US antitrust laws, change is not possible overnight; fashioning antitrust remedies in complex industries requires time and careful consideration by legislators, antitrust authorities, and other interested parties. <<More>>

Calls for Competition Fines
Norton Inc Attorney At Law, October 08, 2009

The members of the portfolio committee on trade and industry have suggested that a portion of the hundreds of millions of rands paid in penalties by companies for contravening the South African Competition Act should be used to fund legal action by the Legal Aid Board or a consumer body on behalf of consumers. <<More>>

Tackling Cartels – a Never-ending Task
Europa Press Releases, October 08, 2009

Nothing is more fundamentally wrong in our field than a cartel, and nothing requires more energy and creativity to combat. According to Neelie Kroes, European Commissioner for Competition, more cartels are being prosecuted and more consumers are being prevented from harm than ever before. <<More>>

Insurance Antitrust Exemptions
Forbes.com, October 05, 2009

European Union antitrust regulators launched consultations to help them decide whether insurers should continue to be exempted from the EU's tough competition law beyond 2010. <<More>>

Competition Law Marks the Fourth Year
International Finance Centre, October 05, 2009

The heads of the UK and French competition authorities will be in Jersey to mark the fourth year of the Island’s Competition Law. The Law came into force in November 2005 and its achievements include the elimination of fixed prices among lawyers, dentists, taxicabs, plumbers and electricians and also prevented mergers and acquisitions that would have lessened competition.  <<More>>

Still New!!!
VOVNews, October 05, 2009

One year after the Competition Law took effect in 2005, only 30 percent of Vietnamese businesses had heard of it, while 70 percent had not known anything about it, according to Dinh Thi My Loan, Vice President of the Vietnam Retailers’ Association.  <<More>>

Dairy Farmers Getting Milked out of the Market
Journal Sentinel Online, October 03, 2009

Dairy farmers are pressing federal antitrust regulators to investigate why large food companies are making hefty profits while farmers are going broke. The average dairy farm in the state lost about US$100 per cow per month this summer, according to the Wisconsin Farm Bureau Federation. <<More>>

Leniency for Cartel Participants
International Law Office, October 01, 2009

The Federal Competition Law, Mexico defines 'cartel activities' as absolute monopolistic practices. According to the law and its regulations, economic agents participating in such activities may disclose their participation and request a reduction in the fine that the Federal Competition Commission may impose. <<More>>

Class Action Lawsuits Easier
Reuters UK, October 01, 2009

European Union antitrust regulators are keen to promote private damages actions in competition cases so that victims can be compensated and companies can be deterred from breaching the EU's strict rules. <<More>>

Consultations on Exceptions to Duty
Office of Fair Trading, October 01, 2009

The Office of Fair Trading, UK published for consultation revised guidance on the exceptions to its duty to refer merger cases to the Competition Commission and its ability to accept undertakings in lieu of a reference. <<More>>

Striking Down Time Limit
International Law Office, October 01, 2009

The issue related to the provisions in Article 28(2) on the right to challenge regulations issued by the Competition Council of Romania before the administrative courts within 30 days of the date on which such decisions are notified or published. <<More>>

Stopping Beauty Products Merger
Swedish Competition Authority, October 01, 2009

The Swedish Competition Authority, KKV, is seeking a prohibition order from the Stockholm City Court to stop the acquisition of NK Kosmetik by Åhléns. Åhléns AB has entered into an agreement with Portwear AB to purchase Department & Stores Europe AB.  <<More>>

Archive...
 

TOP